Challenge to Order granting bail under NDPS by HC, without opining accused not prima facie guilty: Supreme Court directs completion of trial in four months

The SC on June 05, 2020 {UNION OF INDIA & ANR. vs HASIBUR RAHMAN} held that though the High Court has passed the order releasing the respondent on bail without opining prima facie whether the respondent was not guilty of the offence for which he was charged, at this length of time, it does not deem it appropriate to interfere in the matter.

It was however directed by the Bench, comprising of Justice UDAY UMESH LALIT, Justice MOHAN M. SHANTANAGOUDAR and Justice VINEET SARAN, that the trial shall be completed as early as possible and preferably within four months from the receipt of this order by the concerned Court. It was also directed that the respondent shall appear in person on every single date when the trial is conducted and even a single default in his appearance shall entail in cancellation of the facility of bail granted pursuant to the order presently under appeal.

The order under appeal before the SC was passed on 25.05.2018 by which the respondent, accused of having committed the offence punishable under Section 8 read with Section 22 of the NDPS Act was directed to be released on bail by the HC.

The petition was accordingly disposed of in above terms by the SC.